Document Content

DIRECTIVE

On a number of measures to raise the quality and effectiveness of the publication of legal documents in "Cong Bao" of the Socialist Republic of Vietnam

After more than two years' implementation of the Government's Decree No. 104/2004/ND-CP of March 23, 2004, on "Cong Bao" (the Official Gazette) of the Socialist Republic of Vietnam, the publication of legal documents in "Cong Bao" has seen initial positive results and gradually become properly organized, actively contributing to raising the publicity and transparency of the process of promulgating and publishing legal documents of state administrative agencies.

However, in fact, several promulgating agencies have not yet strictly implemented legal provisions on the publication of legal documents in "Cong Bao," e.g., slowly publishing or failing to publish documents, or promulgating many documents ultra vires or in improper forms, formats and ways of presentation, thus affecting their implementation effect and effectiveness. This situation is attributed to the following: Promulgating agencies are not fully aware of their responsibility to send legal documents for publication in "Cong Bao"; they have not strictly observed the process of elaborating, promulgating and publishing legal documents; some of their cadres and civil servants have poor qualifications and skills in drafting legal documents; the coordination and definition of responsibility between "Cong Bao" offices at all levels and promulgating agencies remain unclear.

In order to strictly implement the Law on Promulgation of Legal Documents and Decree No. 104/2004/ND-CP on "Cong Bao" publication and distribution, contributing to raising the effectiveness and effect of the publication of legal documents, the Prime Minister instructs:

1. Ministers and heads of ministerial-level agencies:

a/ To continue direct their cadres and civil servants to strictly implement the provisions of the Law on Promulgation of Legal Documents and Decree No. 104/2004/ND-CP on the process of elaborating, promulgating and publishing legal documents; to determine publication of legal documents in "Cong Bao" as an important and regular task to be strictly performed in all ministries and ministerial-level agencies;

b/ To take responsibility for all contents, forms and formats of legal documents promulgated by their ministries or branches; to closely coordinate with the Government Office in reviewing lists of the promulgated legal documents to ensure that all legal documents are fully, promptly and accurately published in "Cong Bao;"

c/ To specify agencies, organizations and individuals at the "section of recipients" in each legal document as stipulated in Article 10 of the Government's Decree No. 161/2005/ND-CP of December 27, 2005, guiding the implementation of a number of articles of the Law on Promulgation of Legal Documents, and Point 5 of Directive No. 10/2006/CT-TTg of March 23, 2006, on reducing administrative documents and papers in activities of state administrative agencies, to ensure that legal documents are addressed only to agencies competent to supervise, examine and process them, to implementing agencies and the "Cong Bao" office, but not to other agencies or organizations for knowledge and reference.

2. The Minister-Director of the Government Office:

a/ To report on the publication of legal documents of ministries, branches and People's Committees of provinces or centrally run cities at the Government's mid-year and year-end meetings;

b/ To study, review and propose the amendment or supplementation of, or promulgate according to his/her competence, legal provisions on the publication of legal documents in "Cong Bao" in order to perfect the legal system for "Cong Bao" activities;

c/ To expeditiously submit to the Prime Minister for promulgation a decision to transform the "Cong Bao" Section under the Government Office into a non-business unit in strict accordance with Clause 1, Article 13 of Decree No. 104/2004/ND-CP in order to ensure law observance and contribute to raising the operation capacity of the central "Cong Bao" office;

d/ To formulate a scheme on the organization of an electronic "Cong Bao" of the Socialist Republic of Vietnam; and to publish draft legal documents for public comments in "Cong Bao" supplements as stipulated in Clause 4, Article 5 of Decree No. 104/2004/ND-CP on "Cong Bao;"

e/ To coordinate with concerned agencies in publishing the Table of Contents and general collections of "Cong Bao" classified according to their lines and domains to serve direction and administration work of leaders of the Government, the Government Office, ministries, branches and provincial-level People's Committees;

f/ To draw up plans on providing professional training or guidance on "Cong Bao" activities for provincial-level "Cong Bao" offices nationwide on a regular basis or upon request.

3. Presidents of People's Committees of provinces or centrally run cities:

a/ To expeditiously consolidate the organizational structures of provincial-level "Cong Bao" offices and ensure material and technical conditions for their regular and effective operation;

b/ To direct provincial- and district-level professional agencies and their cadres and civil servants to strictly implement legal provisions on the publication of legal documents in "Cong Bao;" and to post up legal documents in accordance with law;

c/ To be in close touch with, and promptly report on difficulties or problems in the publication or distribution of provincial-level "Cong Bao" to, the Government Office (through the central "Cong Bao" office); and to propose specific measures to raise the operational quality of provincial-level "Cong Bao" offices.

Ministers, heads of central agencies promulgating legal documents and presidents of People's Committees of provinces or centrally run cities shall strictly implement this Directive. The Government Office shall monitor, urge and inspect the implementation of the Directive and promptly review and report on implementation results to the Prime Minister.